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Mentioning Constitutional Violations In Your Cases Is Necessary To Use These Arguments on Appeal
 
Barbara,
When you say to be sure to mention the U.S. and state constitutions can you clarify some specifics:
 
 
1) Must this be verbally on the record or do memorandums of law and cites in written motions and briefs count here to be sure you have reserved your right to argue these rights?
 
 
In writing is preferable.  If you have an opportunity to also argue it, do it.  Care must be taken. Some judges are afraid, literally, when the constitution is mentioned.

You have a basic MISunderstanding.  Whether you speak or write something in the court is part of the record.

The difference is that if you only say something aloud and then do not order the tape and get a transcript, the oral mention of the fact or legal issue is NOT preserved for the record and you will then NOT be able to prove CLEANLY that it is part of the record.  This is why writing is preferable.  
DIGRESSION:  I write CLEANLY because an affidavit by you saying you said "it" will be Insufficient . . . in my book.  "Mr./Mrs. X, is, as we have seen, a manipulator, an inveterate liar, Your Honor.  If it was said, let him/her prove it by producing the transcript."  

Actually the word "liar" is a 4-letter pejorative in court.  Use "prevaricator" or "a mendacious person"  or "her/his mendacity is well known to us, Your Honor." 

One always wants to take the HIGH road in court.  A little snottiness goes a long way.  Occasionally it kicks back.  Must be very careful.  

When I use the word  "liar," I usually preface it with an "apology":  I'm sorry to use a pejorative, Your Honor, but it is apropros to the situation: He/she, as we know, is a liar.  I do not know whether it is a pathological situation or whether it is merely an example of an enhanced mendacity.  Basically your throwing down the word "liar" from high on your horse, as though he/she is far beneath you in every way and deserves the word liar.  Think drama.   Again this might kick back so be careful.
 
So it is preferable to put in writing what you want preserved in the record.  When you veer from what is CLEAN, problems can develop.  Put another way, the GAMES begin.

Further, problems can develop in regard to the transcript.  Am not going to go into this because of no time and no patience.  Lots of scenarios.  This is another reason writing is preferable. 
 
 
2) Are you talking about actual trials, or when you appeal a motion or finding to the Mass. Appeals court is this also important
 
Let me give you this chronologically:
 
Filing of complaint
 

 

 

 
Filing of
 
  • motions
  • memoranda (including writing of the constitution)
     
Taking of depositions, deposition transcripts
Serving discovery and responses to discovery:
 
  • interrogatories
  • requests for documents
  • requests for admissions
     
All these occur in the LOWER COURT.
Anything not written or PROVABLY said in LOWER COURT MAY NOT be used in your appeal.
 

 
Mentioning of the constitutions (two)
 
Ditto
 
Pretrial conference
 

 
Ditto
Motion hearings
 
Transcripts
Court Orders
Ditto
Trial
 

 
Ditto
Post-trial hearings
 
Motions to Amend
Motions to Reconsider
 
Ditto
 
Docket Sheets
 
These are also PROOF that something happened.
 
Ditto
Corrected docket sheets
 
Motions to Correct Docket Sheets
 
Ditto
APPEALS COURT

 
appellate brief
appellate oral argument
 
This is the HIGHER COURT.
IF IT DID NOT HAPPEN IN THE ROSE, IT MAY NOT BE USED HERE
 
SUPREME JUDICIAL COURT
 

 
This is the HIGHEST COURT.
IF IT DID NOT HAPPEN IN THE ROSE, IT MAY NOT BE USED HERE. 
It is also best if you mentioned it also in the Appeals Court.  Depends, Just in case.
 
 
3) Does same apply to other case law cites, in that you have to mention these in the original trial, not on appeal if you find new cites or new cases are published?
 
Will take a stab.  See table above.  If you do not write or argue a legal issue BELOW (meaning the LOWER COURT), you may NOT use it in the Appeals Ct or the SJC.  Put it this way, you can write or say it, but they will chide you and say they will NOT consider it because it was not :"RAISED BELOW."  The courts themselves might not know this, but opposing counsel will so inform them.

Again, another basic MISunderstanding.  You may ALWAYS mention cases, whether or not you had found them or whether or not you mentioned them in the lower court or not.   THAT WHICH YOU MUST NOT DO IS RAISE LEGAL ISSUES THAT YOU HAVE NOT RAISED IN THE LOWER COURT 

If a case is DECIDED by the Appeals Court or the SJC or the US courts WHILE you are in the HIGHER COURTS (Blue period), you MAY use it in your brief (if not already filed), your REPLY brief (if not already filed). 

If your appellate brief and your appellate reply brief are already filed, then you may write and file a MOTION FOR LEAVE TO SUPPLEMENT APPELLATE BRIEF on the grounds that the case has just been decided and therefore did not exist at the time you filed your appellate briefs.
 
I would assume you could still win an appeal by bringing in new case law but I have been told the appellate will only correct actual "errors" of the judge, even though the judgment itself may still be wrong but not argued as well as it could have been the first time around.
Appeals courts do not make findings of fact . . . unless in highly extraordinary situations.  Appeals courts decide whether the LOWER-COURT judge applied the law correctly and/or applied the correct law correctly.

Judgments are NEVER NEVER NEVER argued.  They simply exist.  Kantian philosophy.  Read also I and Thou.

Lawyers -- pro se-ers -- argue issues of law
.  NOT THE COURTS.

Judges make decisions and their opinions set out their rationale and if you are lucky set out the existing law that forms the basis of their decision.  They do not argue the law, they tell you what it is . . . according to their level of intelligence and understanding.
 
I do not understand why more judges have not been sued on civil rights violations under the U.S. constitution.
IMMUNITY. Go to my website. 
 
It seems so clear there are blatent violations and the supreme court has already said no state can usurp these rights.
Too broad a statement to be any value here or anywhere else. 
 
What do you think the correct strategy is to break this deadlock on the SJC not taking these family law related cases?
Fed cts refuse to hear certain domestic relations cases, specifically those cases in which the plaintiff wants the fed ct to alter, amend, modify the judgment of the State court regarding marital status, child custody, child and spousal support.  Those are facts to be decided in the State court.  If the plaintiff raised BELOW in the LOWER COURT federal constitutional issues, then the plaintiff would have to go DIRECTLY to the United States Supreme Court AND NOT NOT NOT the U.S. District Court in Boston.   The Dist Ct does not have jurisdiction, i.e., it does not have the authority to correct a State court about State law.  The U.S. Dist Ct hears cases based on federal law.

You asked about the SJC, which is a State court, so my previous answer citing Rooker-Feldman was inappropriate.  The Rooker-Feldman doctrine is that which the fed cts use to boot domestic relations cases described above out of fed ct.

I am unaware of the SJC not taking family-law cases.  Where you got the idea that the SJC does not hear family-law cases is a mystery to me.
 
Is there any point in suing the federal government for its own indifference in this matter all over the country?
I have no intention of writing an entire book in this email. 
Research COMITY and FEDERALISM.  Take time to read read read read.  Go to my website.  
 
My lawyer refused to quote constitution and said something like you need a constitutional lawyer for this.
Humility can be valuable at times.  He obviously is telling you, he does not know constitutional law.  He has probably forgotten what he learned in Con Law I, and has NOT read a case dealing with Con Law issues since graduating.  It probably wasn't a malicious refusal.  It was a defensive way of saying that he knows nothing about Con Law.

NEVER TAKE AN AUTOMATIC MESSAGE FOR THE FINIAL WORD FROM A JUDGE, GOVERNMENT BUREAUCRAT OR EMPLOYEE! COMPLAIN, COMPLAIN! and Constitution, Constitution... And add a $$$ figure to your complaint!

AS an example....
A clear violation of Estate of Macias v. Lopez, 42 F. Supp.2d 957, 962 (N.D. Cal. 1999). This is a note of CLEAR VIOLATION of CONSTITUTION cost the State of CA. in 1999, 15 MILLION DOLLARS!
 
More on your constitutional right to be a parent and parent your children
 
For the complete U.S. Constitution Click Here  
Parental Rights Citations    More Parental Rights Citations